BANNER INDUSTRIES OF NEW YORK, INC. v. SANSOM

Civ. A. No. 6:93-0044.

830 F.Supp. 325 (1993)

BANNER INDUSTRIES OF NEW YORK, INC. and Robert C. Kaplan, Plaintiffs, v. Herman SANSOM, Jr. and Ripley Manufacturing, Inc., Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

August 30, 1993.


Attorney(s) appearing for the Case

Joseph R. Goodwin, Richard D. Owen, Goodwin & Goodwin, Charleston, WV, for plaintiffs.

Norman T. Daniels, Jr., Charles M. Johnstone, II, Thaxton & Daniels, Charleston, WV, for defendants.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants' motion to dismiss pursuant to Rule 13(a), Federal Rules of Civil Procedure, or in the alternative to stay this action. For reasons more fully set forth below, Defendants' motion to dismiss is GRANTED and this action is dismissed without prejudice. The motion to stay is DENIED as moot.

On October 30, 1992, Defendants Sansom and Ripley Manufacturing...

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